Legal Question in Wills and Trusts in California

My brother passed away recently, he received a lumpsump from his 401k a couple week ago. He didn't cash it yet, because he got sick. He didn't have any beneficial on his 401k, how can we cash his check to pay for the funeral expenses, he never married and have no children.


Asked on 9/29/16, 12:28 pm

1 Answer from Attorneys
Aaron Feldman Feldman Law Group

If the value of his estate (including this check) is under $150,000 and he does not own real estate, then all of the heirs can sign an affidavit and cash the check. But that requires waiting 120 days. If he has other assets, including a house, then you will have to go through a formal Probate. Either way, the check will not be cashed in time to pay for the funeral. You are going to have to advance the money and then get reimbursed eventually.

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Answered on 9/29/16, 1:00 pm


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